HomeMy WebLinkAboutpitkin.planning.264334403341DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and /or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
Parcel ID: 2643- 34 -4 -03 -341 Application Date: 4/18/12 Case No: P043 -12
Description: Marketplace LLC Land Use Code Amendment, GMQS Exemption for Change Planner: Mike Kraemer
of Use # Copies: 15
(Lawler or Roxy's Marketplace) Allocated Hours: 8
% Over Hours: 9
Project Address: 119 AABC, ASPEN, CO 81611
Property Owner: MARKETPLACE LLC
Owner's REP: SUNNY VANN
REP's Email: vannassociates @comcast.net
Address. 119 AABC
ASPEN, CO 81611
Address: PO BOX 4827
BASALT, CO 81621
Referrals: ZONING REFERRAL Other Referrals. AABC HOA none
CITY OF ASPEN North 40 HOA none
ALL OTHER REFERRALS
Comments Due Date: 05/28/2012
Owner Phone:
REP's Phone: (970) 925 -6858
Meetings:
1st Meeting:
2nd Meeting:
3rd Meeting:
Meeting Date:
06/05/2012
09/12/2012
09/26/2012
Review Body:
p &Z
bocc
bocc
Public Hearing?
no
no
yes
Notice Date: 08/09/2012
Meeting Notes:
Approvals:
BOCC Resolution #: P &Z Determination #:
BOCC Ordinance #: 033 -2012 NR HO Determination #:
Admin Determination #:
Other Information:
VR Approval Date: Plat Recorded Date:
VR Expires Date Plat (Bk, PG): n/a
Remarks: no vesting
Application Type: Code Amendment
GMQS Exemption
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS
Ordinance No.033- 2012
RECITALS
A Land Use Code amendment has been proposed to amend the gross floor area maximum and lot
size maximum for the R -6 Zone District.
An amendment will be made to the following chapter and section:
Chapter 4
EXHIBIT A — Chapter 5, Section 5 -10: Dimensional Standards Tables.
2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly
scheduled meeting on December 13, 2011. The Commission voted 3 -0 to recommend approval to
the BOCC in favor of the proposed code amendments.
3. The BOCC reviewed the application at I" Reading at a regularly scheduled, duly noticed public
hearing on March 28ih, 2012 and at a continued 1° Reading on June 13, 2012. The BOCC
conducted a site visit at the properties on April 23rd, 2012. 2nd Reading was heard at a regularly
scheduled public meeting on November 14`", 2012. Evidence and testimony were presented with
respect to this application.
4. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and
policies and meet the intent of the R-6 Zone District.
5. The BOCC further finds that the amendments to the Code are consistent with County
Comprehensive Plans and in compliance with Section 240 -10.
NOR', THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above - referenced Sections of the 2006 Pitkin County Land Use
Code, as set forth in Exhibit A as underlined.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 23'd day of February,
2012.
INTRODUCED ON FIRST READING AT A PUBLIC HEARING on the 28" day of March, 2012.
CONTINUED ON FIRST READING to the 13' day of June, 2012
APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC MEETING on the 14`" day
of November, 2012.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the (r= day of Y 2012.
ATTEST:
Jones
Clerk
APPROVED AS TO FORM:
John Ely,
County
i
Ordinance No.
Page 2 of4
BOARD OF COUNTY COMMISSIOI
OFPnxw COUNTY, COLORADO
Al lG
Michael Owsley,
Chairman
Date:
APPROVED AS TO CONTENT:
CW
C d Houben,
Community Development Director
EXHIBIT A
The underlined sections shall be added.
Chapter 5
Section 5-10: Dimensional Requirements
LOTS ..
-
Minimum Lot Area (sq. ft.)
30,000
15,000
15,000
15 000
6'000
NO7E 2
NOTE 11
NOTE 1
Minimum Lot Area Per Principal Use or
0,000
15,000
15,000
15,000
6,000
5,000
NOTE 2
Dwelling Unit (sq. ft.)
NOTE 1 I.
Maximum Lot area Per Pnncil&d Use or
1 �yqq
Dwellin Unit .ft
Minimum Usable Open Space per Dwelling
6,600
3,000
3,000
3,000
1,500
1,500
NOTE 2
Unit (sq. R
Minimum Lot Width (sq. ft.)
100
75
75
75
60
50
MURMUMSETBACKS,
From Arterial lbghways
Structures / Outside Uses (ft.)
100 & setback for buildings/ 100 it setback for outside uses
N/A
/A
NOTE 3
From Ma'or Roads
Structures / Outside Uses (R)
100 R setback for buildings / 50 R setback for outside uses
N/A
/A
On 3
From Collector Streets
Structures / Outside Uses (R)
0 & setback for buildings / 25 R setback for outside uses
N/A
A
OTE 3
From Property Lines
Frost Setback (R)
1) Lot Size <_ 3 ac = 30 ft.;
) Lot > 3 ac. and < 10 acres = 50 ft.;
30
OTE 2
-
3 Lot > 10 acres = 100 R
Side Setback (ft.)
1) Lot < 7,500 sq. R = 5 rL; (2) Lot ? 7,500 & < 30,000 sq. ti
10 ft.;
Lot Sits? 30,000 & <43,560 sq. R =15 ft.; (4) Lot?
NOTE 2
3,560 & < 3 ac. = 20 R;
5 Lot >_ 3 ac. & QO ac. = 30 ft.; Lot >_ 20 ac. = 50 ft
Rear Setback (ft)
1) Lot Size <30,000 sq. & =10 ft;
Non 2
2) Lot? 30,000 sq. & & < 10 ac. = 30 ft.;
10
3 Lot >_ 10 ac. = 50 R
From Streams (ti)
100
20
NOTE 2
NOTE 4,12 and 13
NOTE 4
Ordinance No. -2012
Page 3 oj4
c
•
M �HEI, .
Maximum Height of Principal Structure (ft. )
28
28
28
28 '
28
NOTE 5
NOTE 2
Maximum Hei t of Accessory Structure (ft)
20
20
20
20
20 -
NOTE 6-
NOTE 2
Maximum Height of Exempt Agricultural
Refer to Sec.
N/A
Buildings
5- 20 -70(i)
N/A
N/A
N/A
NIA
N/A
Allowable floor area based on Floor Area
NOTE 10
Ratio (FAR)
:13
.16
NOTE 7
.30
NOTE
NOTE 2
Gross Floor Area Exempt from Growth
5,750
Management (without GMQS Allocation or
,750
5 750
NOTE 9
5,750
5,750
-
5,750
NOTE 8
N/A
TDR) (Base Maximum) (scl ft)
Gross Floor Area After GMQS Allocation
5;750
15,000
and/or TDR Purchase (Final Max. Floor Area
15,000
15,DQ0
10,250
4 000
NOTE 8
N/A
Ordinance No. -2012
Page 4 of 4
'I
MEMORANDUM
TO: Pitkin County, Board of County Commissioners
THRU: Cindy Houben, Community Development Director
FROM: Mike Kraemer, Planner MK
RE: Lawler Code Amendment, 2nd Reading and Public Hearing.
DATE: September 26d, 2012
REQUEST: This Code amendment application is a result of efforts to expand the Roxy's Market located at
119 building on Lot 4 -A, Block 3 of the AABC. Currently, the Code restricts grocery stores to 3,000 square
feet of floor area in the B -2 zone district. The Market is currently 6,016 square feet of floor area and is
considered legal nonconforming in size due to permitted expansion over the past 30 years.
The Market is housed within a 13,312 square foot building. With the departure of two tenants at the
building, the Market would like the ability to expand the grocery store into these two spaces to meet
growing demand in the area. The application states that the additional floor area will allow the Market to
relocate off site storage to the subject site and provide the ability for the Market to expand in produce area,
shelving, refrigeration, deli/meat preparation, etc. The requested expansion will total approximately 4,096
square feet of floor area giving the Market a total of 10,112 square feet of floor area.
A grocery store is defined as a "Personal Service Outlet" in the B -1 and B -2 Zone District which is
restricted to 3,000 square feet of floor area pursuant to Code Section 4- 30- 40(r).
The Applicant requests to allow the B -1 to continue to allow a 3,000 square foot grocery store but allow a
grocery store in the B -2 to have a maximum size of 10,500 square feet of floor area.
APPLICANT: Roxanne and Michael Lawler
REPRESENTATIVE: Sunny Vann
PROCESS: Land Use Code Text Amendments are two — step process (P &Z and BOCC).
REQUEST AND P & Z RECOMMENDATION: On July 17`h, the P &Z heard the request and on a 4 -0
vote recommended approval with certain recommendations. The P &Z had a general concern that there is a
potential ability for there to be more than one grocery store at the AABC greater than 3,000 square feet in
size. Certain language was recommended which included a recommendation for only one (1) 13,000 square
grocery store, however, this language was subsequently changed at the 1' reading of the proposal by BOCC
on September 12d'.
BOCC 1sT READING
On September 12d, the BOCC heard the proposal at First Reading (public meeting) and was in general
support of the request with some changes. These changes and discussion points are outlined in bullet points
below:
1/ lo
• During the meeting, discussion ensued around the need to amend the proposed language of the
Code amendment to eliminate the exclusivity of only one (1) grocery over 3,000 square feet in the
B -2 Zone District, within the UGB. The proposed language in the draft ordinance has been
amended to reflect this change.
• The BOCC directed Staff to include language about the 1987 Downvalley Comprehensive Plan and
the 2012 AACP regarding the need for more intense development to be located within the UGB
where services and infrastructure are located rather than the rural area where these services are
generally more inadequate to handle intense development.
• In general, the BOCC did not feel that the P &Z's recommendation of a 13,000 square feet grocery
store was prudent. The language in the draft ordinance has been amended to reflect the Applicant's
original request to only allow a grocery store up to 10,500 square feet.
• Commissioner Owsley requested documentation on neighborhood discussions and request for an
enhanced grocery store. Staff has included minutes from a 2009 North
40 /AABC /Airport/Buttermilk Community Meeting that identifies this as a need in the area
(Attachment A).
• Commissioner Hatfield requested that the proposed language be changed to create more clarity on
how larger grocery stores can be constructed in the B -2 Zone District. Staff has created a
numbering system for the Code amendment language (see attached ordinance).
• The BOCC requested that when a grocery store expands up to 10,500 square feet, a site plan should
be submitted at building permit that identifies parking and vehicular/pedestrian circulation, trash
and delivery services, and associated signage. This language has been included in the draft
ordinance.
• Finally, Staff has received two comment letters and has attached them for review. Attachment B is
a letter from one of the current tenants at the space that Roxy's proposes to expand into.
Attachment C is a letter from the owner of the building clarifying the leases of the tenants.
RECOMMENDATION: Staff recommends approval of the Lawler Land Use Code Text Amendment
subject to the conditions outlined in the draft ordinances and resolution.
ATTACHMENTS
A. Minutes from community meeting
B. Letter from Mountain Resort Interiors, Inc.
C. Letter from building owners
x
ORDINANCE OF THE BOARD OF COUNTY CODIMISSIONERS OF PITIQN COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS
Ordinance No. -2012
RECITALS
1. Land Use Code amendments have been proposed to the B -2 zone district.
Amendments will be made to the following Chapters and Sections:
• EXHIBIT A — Chapter 4, Section 4- 30- 40(r): Personal Service Outlet
2. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly
scheduled meeting on July 17d', 2012. The Commission voted 4 -0 to recommend approval to the
BOCC.
3. The BOCC reviewed the proposed Code Amendment at 1st Reading and regularly scheduled
public meeting on September 12th, 2012 and at 2nd Reading and duly noticed public hearing and
regularly scheduled public meeting on September 260', 2012.
4. The BOCC finds that the proposed amendment for a larger grocery store is more appropriate
within the Urban Growth Boundary (UGB) where infrastructure and services are located rather
than the Rural Area of Pitkin County that generally do not contain this infrastructure and services.
This topic is supported within the 1987 Downvalley Comprehensive Plan and 2012 Aspen Area
Community Plan (AACP) as stated below.
5. The BOCC further finds that specifically, Chapter 3, Section (A)(1) — Goals of the 1987
Downvalley Comprehensive Plan identifies the need to "maintain a development pattern which
preserves the rural character and high quality environment which makes the Down Valley Area a
Desirable Place to live and work ". This goal of the Plan suggests that a larger grocery store is not
appropriate in the rural area and is more appropriately located within an urban area.
6. The BOCC further finds that the "Managing Growth For Community and Economic
Sustainability" section of the 2012 AACP supports the notion that denser, more intense
development is appropriately located within the UGB. This goal of the Plan suggests that a larger
grocery store is not appropriate in the rural area and is more appropriately located within an urban
area.
7. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and
policies. Specifically policy 1- 60 -60: Land Use Patterns references that more urban development
be located within the UGB in order to eliminate sprawl and to ensure the provision of adequate
service levels. This policy supports the idea that a larger grocery store be located within the
UGB.
8. The BOCC further finds that the amendments to the Code are in compliance with Section 2 -40 -10
of the Code.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above - referenced Section of the 2006 Pitkin County Land Use
Code, as set forth in Exhibit A.
3
EXIMIT A
Section 4- 30 -40(r) shall be rescinded and replaced with the following language.
SECTION 4- 30- 40(r): PERSONAL SERVICE OUTLET
In the B -1, B -2, T, and SKI -REC zone districts, each personal service outlet
business shall be limited to no more than two thousand (2,000) square feet
of floor area with the following exceptions for grocery stores located within
the B -1 and B -2 Zone Districts:
(1) In the B -I Zone District, grocery stores shall not exceed 3,000
square feet.
(2) In the B -2 Zone District in the rural area outside the established
UGB, a grocery store shall not exceed 3,000 square feet.
(3) In the B -2 Zone District within the UGB, grocery stores, shall be
limited to no more than ten thousand five hundred (10,500) square
feet of floor area. Building permit applications for a grocery store
located within the Urban Growth Boundary containing in excess of
three thousand (3,000) square feet shall include a site plan
demonstrating that adequate provision has been made for vehicular
and pedestrian circulation, parking, trash and delivery service
areas, and associated signage. The site plan shall be reviewed by
the Community Development Department at building permit
submittal.
Ordinance No. -2012
Page 3 of 3
C�
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 16d' day of September,
2012.
INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 12TH day of September, 2012.
APPROVED AND ADOPTED ON SECOND READING AT A DULY NOTICED PUBLIC
HEARING on the 26th day of September, 2012.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2012
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones Michael M. Owsley,
Deputy Clerk Chairman
APPROVED AS TO FORM
John Ely,
County Attorney
PID#: 264334403341
Case: P043 -12
Ordinance No. -2012
Page 2 of 3
5
Date
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
Notes from February 26, 2009 North 40 /AABC /Airport/Buttermilk Community Meeting
Agenda /Schedule: Ellen reviewed the agenda for the day and the schedule for completing the plan
Four meetings are anticipated to cover the future scenarios caving the Airport, Buttermilk, etc.
Following this step, Ellen & Cindy will draft Plan text and a future land use map to bring back for review.
The goal is to go before the P & Z in June to adopt the plan. More time may be needed, but we are not
anticipating too much more. We still need continued participation, up to & including the P & Z
meeting(s).
Summary/Results of "Dots" Exercise:
At the last meeting, the dot exercise used to gauge support for alternative planning scenarios for the
airport and AABC was not a statistically accurate method of obtaining results, but rather a way to get
people involved with feedback. Recognizing that some elements of the alternatives shown may require
funding that's not currently allocated, we may ultimately want to provide two recommendations for
land use in the area: one that requires new funding sources, and one that does not.
Dot Exercise Results for Uses At AABC
General direction shows support for AABC to remain mixed use, with a similar balance to what exists
today with some additional housing needed to add enough of a consumer base to support "full service"
businesses (grocery stores etc) but that the housing mix should continue to be balanced with
commercial /light industrial uses, as it is today.
Zoning: Keep the same uses, but maybe allow for some increase in height to accommodate more
housing and possibly to allow for structure parking; also perhaps increase the FAR (to allow a grocery
store). Allow for affordable housing zoning.
Redevelopment: Under vision C, it looked like there was some approval for a little bit of redevelopment
in the form of fayade facelifts, but mostly direction is to keep the same FAR (with the exception of
changes required to allow for grocery). As to density, it looked like it was ok for some increases to
housing to support neighborhood services.
Parking/Transportation: More on site, some offsite. Need upgrades for safe pedestrian access & to
accommodate commercial /light industrial business access.
Under current zoning if completely redeveloped —AABC could accommodate 173 more residential units
& 146,515 Square feet more comm'l use
Still some question as to where an additional story/level would that be acceptable in the ABC, given
topography, visibility from highway and covenents;
�4TAe O- k Eri 1 3
Mountain Resort interiors, Inc.
Mountain Resort Construction
>)►I I I NC,/CORRE5PONDENCE:
P. Q. gox 663 Aspen, Colorado 81612
HIPPING/DELIVERY:redEx UPS Address:
119 15, Aspen Airport Business Center, Aspen, CO 8161 1
Phone: 970 -544 -5 119
FAX: 970 -544 -51 zo
pa and uke@mtni nteriors.com
September 13, 2012
The Honorable Board of County Commissioners,
RE: Lawler Code Amendment
It is stated in the memorandum dated September 12th, 2012, "two
tenants are leaving and Roxy's proposes to take over these two spaces."
I am Pam Duke, my Partner is Greg Wisener, and the owners of one
of the businesses {approximately 1,000 sq.ft.j referred to, named Mountain
Resort Interiors & Construction. The only reason we are "leaving" is
because we are being required by our landlord John McBride to move out
in order to facilitate the Lawler's desired expansion. It is stated the specific
use of our space will allow the Lawler's to move their storage items, now
offsite, into our space where it will be more conveniently accessible to
them.
In the meeting on September 12, 2012 it was stated the Bank and
Liquor store "have no plans to leave." We had no plans to leave either, we
are just apparently are in the wrong spot for their plans. Being required to
leave will create great and expensive hardship for our small business.
At one point, John McBride came to see Greg and me and asked to
show us alternative locations in case the grocery did expand. We agreed
and mostly in tears viewing the other options he presented I broke down
7
and told John we just could not move and risk losing all the money we put
in to our leasehold improvements {Over $85,000 for a complete remodel of
the space — which the majority of cannot be moved} all of the other spaces
we were shown were inadequate, remote instead of visible, dismal and
requiring a great amount of work and expenditure to improve.
Sometime after than when Roxy's Market moved in John McBride
and Mike Lawler came to our office to discuss the situation of our space
with Greg and me. The resolution of the meeting was a "Gentleman's
Agreement" that we could stay as long as we wanted if we would just give
them {the Lawler'sj first right of refusal. All agreed and acknowledged and
we were very excited to know we would not be forced to leave.
At another point after that we were told they were "applying and just
going for approvals in case they did expand in the future."
In July after the P &Z meeting the newspaper printed, "The market
would increase to about 10,112 square feet with expansion into adjacent
spaces within the building that have been occupied by a cafe and another
business"
Completely shocked and frightened again we noticed our neck was
once again on the line as we were "another business." All we could say was
how can this be? They gave their word!
An employee of John McBride recently came to our office and stated
John McBride does not remember having agreed that we could stay and we
don't have anything in writing so we will have to vacate the space in order
for the Lawler's to expand.
As many others in our community, we have experienced the most
difficult business times in our lifetime. We never expected to have to leave
but believed the verbal commitment Mike and John had agreed upon. The
taking of our space will very well compromise our business. McBride's
employees have stated they will try to find us another space. Our clients,
vendors and visitors know where we are now and how to find us. The
massive loss of our investment in the space fit - out /renovation coupled with
the extensive cost of moving expenses, computers, phones, equipment
a
notifications, brochures, marketing materials, stationary, checks, signage,
printed materials having to be completely redone is on its own enough to
compromise any future for our business.
I must say I was impressed to hear the Honorable Commissioner,
Rachel Richards's compassion and concern as to the potential impact of
Roxy's expansion on other business nearby. Thank you.
Respectfully submitted,
Pam Duke & Greg Wisener
A jTA c I l i�t� j i
ICI
September 13, 2012
Pitkin County Board of Commissioners
Via Email
Dear Commissioners;
I need to take a moment to clarify the status of the two existing tenants that are subject to the Roxy's
Market expansion plan.
The space currently occupied by Blue Sky Cafe /Air Chef is used primarily as a catering kitchen for the
private jet market at the airport. That is where they make the majority of their income and has the
majority of their focus. They operate the restaurant part of the space because they have to under the
terms of their lease and by their own admission do not do a very good job of it. Ideally they would like a
much smaller kitchen only space to serve the jet catering business. Their lease expires in October of
2013. It is our hope that we either locate or create a space with the kitchen needed to serve this need.
They may be out of the marketplace building space prior to October 2013 should that space become
available sooner.
As for Pam Duke and Greg Wisener of Mountain Resort Interiors, their initial lease expired September
30, 2008. They became a month to month tenant at that time as we were in discussions with potential
new grocery operators and their space was to be included in a new grocery store. We concluded our
negotiations with Mike Lawler for the new grocery and expansion space and they were given notice in
March of 2009 that their month to month tenancy was being terminated and the landlord wanted
possession of the leased space.
Needless to say that notice did not set well with Pam and Greg. After discussion with our grocery tenant,
it was decided not to include the Mountain Resort space in the 2009 remodel but to give the grocery
tenant the option on that space should they ever decide to expand the store. We gave Pam and Greg a
one year extension from June 1, 2009 to May 31, 2010 at which point they again became a month to
month tenant.
That brings us to where we are today. With the success of Roxy's Market and the upcoming expiration of
the Air Chef lease, the logical move is to expand the grocery store so they expand their product offerings
and provide a true top flight deli. We have offered to let Pam and Greg move to other spaces in the ABC
inventory but they have consistently refused to consider any options presented to them. I know they are
upset and for that I am truly sorry but they have had more than three years notice that this day was
coming and we are holding to our commitment to the Lawler's to expand their store as the space
became available.
e,(sin erelyyours,
4 �
j c ride Rob Snyder Ron Lund
ASPEN BUSINESS CENTER • 303 E • ASPEN, CO 81611 • 970- 925 -2102 • FAX 970 - 925 -2104
/0
MEMORANDUM
TO: Pitkin County, Board of County Commissioners
THRU: Cindy Houben, Community Development Director L.
FROM: Mike Kraemer, Planner Aj/
RE: Lawler Code Amendment, 1'` Reading and Public Meeting.
DATE: September 12"', 2012
REQUEST: This Code amendment application is a result of efforts to expand the Roxy's Market located at
119 building on Lot 4 -A, Block 3 of the AABC. Currently, the Code restricts grocery stores to 3,000 square
feet of floor area in the B -2 zone district. The Market is currently 6,016 square feet of floor area and is
considered legal non - conforming in size due to permitted expansion over the past 30 years (see the Zoning
Officer's historical expansion analysis, Attachment A).
The Market is housed within a 13,312 square foot building. With the departure of two tenants at the
building, the Market would like the ability to expand the grocery store into these two spaces to meet
growing demand in the area. The application states that the additional floor area will allow the Market to
relocate off site storage to the subject site and provide the ability for the Market to expand in produce area,
shelving, refrigeration, deli/meat preparation, etc. The requested expansion will total approximately 4,096
square feet of floor area giving the Market a total of 10,112 square feet of floor area.
A grocery store is defined as a "Personal Service Outlet" in the B -1 and B -2 Zone District which is
restricted to 3,000 square feet of floor area pursuant to Code Section 4- 30- 40(r).
The Applicant requests to allow the B -1 to continue to be allowed a 3,000 square foot grocery store but
allow a grocery store in the B -2 to have a maximum size of 10,500 square feet of floor area.
APPLICANT: Roxanne and Michael Lawler
REPRESENTATIVE: Sunny Vann
PROCESS: A Land Use Code Text Amendments are two — step process (P &Z and BOCC).
REQUEST AND P & Z RECOMMENDATION: On July 17'h, the P &Z heard the request and on a 4 -0
vote recommended approval with certain recommendations. The P &Z had a general concern that there is a
potential ability for there to be more than one grocery store at the AABC greater than 3,000 square feet in
size. In effort to eliminate this possibility, the P &Z adopted language that limited larger grocery stores to
contiguous B -2 zoning. After further consideration, Staff felt that this language was confusing and could be
improved upon with the following underlined language:
"In the B -1, B -2 Zone, T, and SKI -REC zone districts, total space shall be
limited to no more than two thousand (2,000) square feet of floor area per
business. In the B -1 and B -2 zone districts, a grocery store shall be limited
to no more than three thousand (3,000) square feet of floor area. However,
in the B -2 zone district within the UGB there may be one grocery store
Cf
only that exceeds 3,000 square feet and up to a maximum 13,000 square
feet in size, subject to FAR limitations.
Roxy's and four other tenants occupy spaces at the building. As stated above, two tenants are leaving and
Roxy's proposes to take over these two spaces. Additionally, two other spaces are occupied by a bank and
liquor store, giving the building a total size of approximately 13,000 square feet. The Applicant originally
requested the ability for the B -2 Zone District to allow a grocery store to expand up to 10,500 square feet.
Because they felt there would be no additional impact if, in the future, Roxy's expanded into the bank and
liquor store spaces, the P &Z adopted a recommendation to allow up to a 13,000 square foot grocery store.
The language above includes this recommendation.
RECOMMENDATION: Staff recommends approval of the Lawler Land Use Code Text Amendment
subject to the conditions outlined in the draft ordinances and resolution.
ATTACI EVIENTS
A. Draft Text Amendment Ordinance
B. July 17th Staff P &Z memo
fd
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITION COUNTY,
COLORADO, AMENDING TITLE 8 OF THE PITS IN COUNTY CODE, SPECIFICALLY
THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS
Ordinance No. -2012
RECITALS
1. Land Use Code amendments have been proposed to the B -2 zone district.
Amendments will be made to the following Chapters and Sections:
• EXHIBIT A — Chapter 4, Section 4- 30- 40(r): Personal Service Outlet
2. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly
scheduled meeting on July 17th, 2012. The Commission voted 4 -0 to recommend approval to the
BOCC.
The BOCC reviewed the proposed Code Amendment at 1St Reading and regularly scheduled
public meeting on September 12tb, 2012 and at 2 °a Reading and duly noticed public hearing and
regularly scheduled public meeting on September 26th, 2012.
4. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and
policies and are necessary to promote public health, safety, and welfare.
5. The BOCC further finds that the amendments to the Code are consistent with County
Comprehensive Plans and in compliance with Section 2- 40 -10.
NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County
Commissioners that it hereby amends the above - referenced Sections of the 2006 Pitkin County Land Use
Code, as set forth in Exhibits A as underlined.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 10 day of September,
2012.
INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 12TH day of September, 2012.
APPROVED AND ADOPTED ON SECOND READING AT A DULY NOTICED PUBLIC
HEARING on the 26th day of September, 2012.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIME S on the day of 2012.
3
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones Michael Owsley,
Deputy Clerk Chairman
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy I-Iouben,
County Attorney Community Development Director
PID#: 264334403341
Case: P043 -12
Ordinance No. -2012
Page 2 of 3
9
EXHIBIT A
The underlined section shall be added.
SECTION 4- 30- 40(r): PERSONAL SERVICE OUTLET
"In the B -1, B -2 Zone, T, and SKI -REC zone districts, total space shall be
limited to no more than two thousand (2,000) square feet of floor area per
business. In the B -1 and B -2 zone districts, a grocery store shall be limited
to no more than three thousand (3,000) square feet of floor area. However,
in the B -2 zone district within the UGB, there may be one ,grocery store
only that exceeds 3,000 square feet and up to a maximum 13,000 square
feet in size subject to FAR limitations.
Ordinance No. -2012
Page 3 of 3
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Mike Kraemer, Planner
RE: Roxy's Market Land Use Code Amendment
DATE: July 17, 2012
SUMMARY OF REQUEST: The Applicant has proposed to amend the 2006 Land Use Code in effort to
build a larger grocery store at the Aspen Airport Business Center (AABC).
APPLICANT: Roxanne and Michael Lawler
REPRESENTATIVE: Sunny Vann
BACKGROUND and REQUEST: This Code amendment application is a result of efforts to expand the
Roxy's Market located at 119 building on Lot 4 -A, Block 3 of the AABC. Currently, the Code restricts
grocery stores to 3,000 square feet of floor area in the B -2 zone district. The Market is currently 6,016
square feet of floor area and is considered legal non - conforming in size due to permitted expansion over the
past 30 years (see the Zoning Officer's historical expansion analysis, Attachment A).
The Market is housed within a 13,312 square foot building. With the departure of two tenants at the
building, the Market would like the ability to expand the grocery store into these two spaces to meet
growing demand in the area. The application states that the additional floor area will allow the Market to
relocate off site storage to the subject site and provide the ability for the Market to expand in produce area,
shelving, refrigeration, deli/meat preparation, etc. The requested expansion will total approximately 4,096
square feet of floor area giving the Market a total of 10,112 square feet of floor area.
A grocery store is defined as a "Personal Service Outlet" in the B -1 and B -2 Zone District which is
restricted to 3,000 square feet of floor area pursuant to Code Section 4- 30- 40(r).
The Applicant requests to allow the B -1 to continue to be allowed a 3,000 square foot grocery store but
allow a grocery store in the B -2 to have a maximum size of 10,500 square feet of floor area.
STAFF COMMENTS: In order to complete the proposed Code Amendment, the following Sections of the
2006 Code will need to be amended:
• Section 4- 30- 40(r): Use Specific Standards
REFERRALS: This application was referred to the Zoning Officer, North 40 HOA, City of Aspen, and
the AABC HOA.
Zoning: The Zoning Officer's comments can be viewed as Attachment A. The referral comments
explain how Roxy's Market legally attained floor area above the maximum allowed by the Code. It also
should be noted that the City Market in Aspen, in its entirety, is approximately 26,607 square feet in size.
1
P &Z: July 17, 2012
Page 2
The Clark's Market in Aspen is approximately 29,490 square feet in size. This number includes the
hardware store and ls` floor shops. This number does not include the 2nd floor residences. The ls` floor
shopping area at Clark's market is approximately 10,000 square feet.
No other comments were received.
TWO -STEP REVIEW PROCEDURES (2- 30 -40i):
A request for a Land Use Code Amendment shall be recommended for approval and shall be approved if it
complies with:
(A) All applicable provisions of this Land Use Code;
Response. Staff has evaluated the proposed Code amendments for their impacts on other Code sections. At
this time Staff feels that the Applicant has adequately addressed all sections of the Code that would be
affected by the proposed amendments.
(B) All applicable Land Use Policies listed in Sea 1 -60;
Response. Staff feels the following Land Use Policies are applicable:
Conformance with the Pitkin County Comprehensive Plan (See. 1-60-20):
The 2012 AACP does not specifically identify the need for an expansion of a grocery store at the AABC but
does agree with the Applicant's interpretation of the Plan that states "the AABC should include basic
commercial services for residents that reduce the need for unplanned trips into Aspen. " An expanded
market may reduce these unplanned trips.
LAND USE CODE TEXT AMENDMENTS (2- 40 -10):
In addition to the provisions of Sec. 2- 3040(i), the following shall apply to applications for Land Use Code
Amendments:
(A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive
Plan;
Response. Staff agrees with the Applicant's interpretation of the AACP mentioned above.
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code;
Response. The Applicant has accomplished this.
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific
sentences or sub - sections.
P &Z: July 17, 2012
Response: If the Code Amendment is approved, entire Code sections will be repealed and reenacted.
STAFF DISCUSSION:
When reviewing Code amendments, Staff is cognizant of the potential for others to use Code amendments
and their potential long term effect for an area. With this request, Staff is concerned that more than one
grocery store would have the ability to expand up to 10,500 square feet with the amendment as written.
Staff proposes to amend the Applicant's request to limit expansion ability to existing grocery stores of more
than 3,000 square feet. This additional language will eliminate the ability for another grocery store to take
advantage of the amendment.
The following language indicates the proposed amendments (additions are underlined — stfikeouts indicate
elimination of the language).
• Sec. 4- 30- 40(r): Personal Service Outlet
"In the B -1, B -2 Zone, T, and SKI -REC zone districts, total space shall be
limited to no more than two thousand (2, 000) square feet of floor area per
business. In the B -1 and B -2 zone districts, a grocery store shall be
limited to no more than three thousand (3,000) square feet of floor area.
However, in the B -2 zone district, an existing grocery store of more than
3 000 square eet may be expanded up to 10, 500 square feet ".
GMQS EXEMPTION FOR A CHANGE IN USE:
The Applicant has demonstrated that there will be no change in use if the Market expands into the two
anticipated spaces because the two spaces are currently used for commercial purposes. One space is used as
a Cafe and the other is used as office space.
In this portion of the application, the Applicant has made representations to the number of employees for a
grocery store, number of parking spaces, and demand on public services. Table 8 -3: Employees Generated
by Size of Development shows that a 6,000 square foot grocery store generates 6.79 employees whereas a
10,500 square foot grocery store generates 11.88 employees. In contrast, according to the Code, the existing
Cafe of 3,072 square feet generates approximately 22.2 employees. Staff concurs with the Applicant that no
more additional employees will be generated by expansion of the Market.
Total size of the Roxy's building is 13,312 square feet. Pursuant to Table 7 -3 of the Code, the Applicant
will need to provide 33 parking spaces. There are significantly more than 33 parking spaces at the building
and on this lot.
Demand on public services is anticipated to be the same because there will be no change in use or size of the
actual building where Roxy's is located.
P &Z: July 17, 2012
Page 4
CODE AMENDMENT RECOMMENDATION: Staff recommends that the Commission recommend
approval to the BOCC for the proposed Code Amendment as drafted by Staff.
ATTACHMENT:
A. Zoning comments
7
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Mike Kraemer, Planner Ale
RE: Roxy's Market Land Use Code Amendment
DATE: July 17, 2012
SUMMARY OF REQUEST: The Applicant has proposed to amend the 2006 Land Use Code in effort to
build a larger grocery store at the Aspen Airport Business Center (AABC).
APPLICANT: Roxanne and Michael Lawler
REPRESENTATIVE: Sunny Vann
BACKGROUND and REQUEST: This Code amendment application is a result of efforts to expand the
Roxy's Market located at 119 building on Lot 4 -A, Block 3 of the AABC. Currently, the Code restricts
grocery stores to 3,000 square feet of floor area in the B -2 zone district. The Market is currently 6,016
square feet of floor area and is considered legal non - conforming in size due to permitted expansion over the
past 30 years (see the Zoning Officer's historical expansion analysis, Attachment A).
The Market is housed within a 13,312 square foot building. With the departure of two tenants at the
building, the Market would like the ability to expand the grocery store into these two spaces to meet
growing demand in the area. The application states that the additional floor area will allow the Market to
relocate off site storage to the subject site and provide the ability for the Market to expand in produce area,
shelving, refrigeration, deli/meat preparation, etc. The requested expansion will total approximately 4,096
square feet of floor area giving the Market a total of 10,112 square feet of floor area.
A grocery store is defined as a "Personal Service Outlet" in the B -1 and B -2 Zone District which is
restricted to 3,000 square feet of floor area pursuant to Code Section 4- 30- 40(r).
The Applicant requests to allow the B -1 to continue to be allowed a 3,000 square foot grocery store but
allow a grocery store in the B -2 to have a maximum size of 10,500 square feet of floor area.
STAFF COMMENTS: In order to complete the proposed Code Amendment, the following Sections of the
2006 Code will need to be amended:
• Section 4- 30- 40(r): Use Specific Standards
REFERRALS: This application was referred to the Zoning Officer, North 40 HOA, City of Aspen, and
the AABC HOA.
Zoning: The Zoning Officer's comments can be viewed as Attachment A. The referral comments
explain how Roxy's Market legally attained floor area above the maximum allowed by the Code. It also
should be noted that the City Market in Aspen, in its entirety, is approximately 26,607 square feet in size.
I of to
P &Z: July 17, 2012
Page 2
The Clark's Market in Aspen is approximately 29,490 square feet in size. This number includes the
hardware store and I' floor shops. This number does not include the 2nd floor residences. The 1St floor
shopping area at Clark's market is approximately 10,000 square feet.
No other comments were received.
TWO -STEP REVIEW PROCEDURES (2- 30 -40i):
A request for a Land Use Code Amendment shall be recommended for approval and shall be approved if it
complies with:
(A) All applicable provisions of this Land Use Code;
Response. Staff has evaluated the proposed Code amendments for their impacts on other Code sections. At
this time Staff feels that the Applicant has adequately addressed all sections of the Code that would be
affected by the proposed amendments.
(B) All applicable Land Use Policies listed in Sec I -60;
Response: Staff feels the following Land Use Policies are applicable:
Conformance with the Pitkin County Comprehensive Plan (Sec. 1- 60 -20):
The 2012 AACP does not specifically identify the need for an expansion of a grocery store at the AABC but
does agree with the Applicant's interpretation of the Plan that states "the AABC should include basic
commercial services for residents that reduce the need for unplanned trips into Aspen. " An expanded
market may reduce these unplanned trips.
LAND USE CODE TEXT AMENDMENTS (2 -40 -10):
In addition to the provisions of Sec. 2- 30- 40(i), the following shall apply to applications for Land Use Code
Amendments:
(A) Each Land Use Code text amendment shall be consistent with the Pitkin County Comprehensive
Plan;
Response. Staff agrees with the Applicant's interpretation of the AACP mentioned above.
(B) Land Use Code text amendment shall be drafted in a form consistent with the organizational format
and style of this Land Use Code;
Response: The Applicant has accomplished this.
(C) Code text amendments shall repeal and reenact entire Code sections rather than just specific
sentences or sub - sections.
7
P &Z: July 17, 2012
Page 3
Response: If the Code Amendment is approved, entire Code sections will be repealed and reenacted.
STAFF DISCUSSION:
When reviewing Code amendments, Staff is cognizant of the potential for others to use Code amendments
and their potential long term effect for an area. With this request, Staff is concerned that more than one
grocery store would have the ability to expand up to 10,500 square feet with the amendment as written.
Staff proposes to amend the Applicant's request to limit expansion ability to existing grocery stores of more
than 3,000 square feet. This additional language will eliminate the ability for another grocery store to take
advantage of the amendment.
The following language indicates the proposed amendments (additions are underlined — s#ikeeuts indicate
elimination of the language).
• Sec. 4- 30- 40(r): Personal Service Outlet
"In the B -1, B -2 Zone, T, and SKI -REC zone districts, total space shall be
limited to no more than two thousand (2, 000) square feet of floor area per
business. In the B -1 and B -2 zone districts, a grocery store shall be
limited to no more than three thousand (3, 000) square feet of floor area
However, in the B -2 zone district, an existing grocery store of more than
3, 000 square feet may be expanded up to 10 500 square feet".
GMOS EXEMPTION FOR A CHANGE IN USE:
The Applicant has demonstrated that there will be no change in use if the Market expands into the two
anticipated spaces because the two spaces are currently used for commercial purposes. One space is used as
a Cafe and the other is used as office space.
In this portion of the application, the Applicant has made representations to the number of employees for a
grocery store, number of parking spaces, and demand on public services. Table 8 -3: Employees Generated
by Size of Development shows that a 6,000 square foot grocery store generates 6.79 employees whereas a
10,500 square foot grocery store generates 11.88 employees. hi contrast, according to the Code, the existing
Cafe of 3,072 square feet generates approximately 22.2 employees. Staff concurs with the Applicant that no
more additional employees will be generated by expansion of the Market.
Total size of the Roxy's building is 13,312 square feet. Pursuant to Table 7 -3 of the Code, the Applicant
will need to provide 33 parking spaces. There are significantly more than 33 parking spaces at the building
and on this lot.
Demand on public services is anticipated to be the same because there will be no change in use or size of the
actual building where Roxy's is located.
ral
P &Z: July 17, 2012
Page 4
CODE AMENDMENT RECOMMENDATION: Staff recommends that the Commission recommend
approval to the BOCC for the proposed Code Amendment as drafted by Staff.
ATTACUMENT:
A. Zoning comments
9
/47,gcAAbJ-F A
MEMORANDUM
TO: Mike Kraemer, Planner
FROM: Joanna S. Schaffner, Zoning Officer
DATE: May 25, 2012
RE: Marketplace LLC Land Use Code Amendment, GMQS Exemption for
Change in Use
Parcel ID# 2643 - 344 -03 -341
I have reviewed the above referenced application and offer the following comments.
After reviewing the application, two obvious questions come to mind:
1. How big are Aspen's City Market and Clark's Market?
According to the City's Building Department, City Market contains 26,607 sq ft and the
entire Clark's Market building contains 29,490 sq ft.
2. How did the existing store get to exceed the 3,000 sq ft limitation of the zone
district?
History:
The Building Department's file for this site is incomplete. Staff does not dispute the
development history of this site as represented in the application.
Floor Area: The applicant represents that Roxy's currently contains 6,016 sq ft. The
gross floor area allowed food stores in the B -2 zone district have varied since this
structure was constructed in 1974. The chart below shows that the improvements made
up until 2009 were in compliance with size allowances.
See page two for more detailed information.
In 2009, after having acquired more leasable area, the applicant applied for a building
permit to remodel Roxy's. Whether or not it was intended by the applicant, it was never
I of 2-
Size Limitations on Food
Roxy's Total Floor
Year
Stores in the B -2 zone
Area per A 1pp icant
1974
12,000 sq ft
3,840 sq ft (1974)
1976
No limit
1988
10,000 sq ft (limited to 80 sq ft of gross leasable space
per dwelling unit in the district)
1980's
12,000 sq ft
1990's
10,000 sq ft
4,992 sq ft (199 1)
2000 -06
80 sq ft of leasable space per dwelling unit in the district
2006 - Present
3,000 sq ft
6,016 sq ft (2009)
See page two for more detailed information.
In 2009, after having acquired more leasable area, the applicant applied for a building
permit to remodel Roxy's. Whether or not it was intended by the applicant, it was never
I of 2-
indicated on the plans or in the application that the store was expanding. The entire space
was represented as "Roxy's ". There was no mention of an increase in floor area, since
the space already existed, or of a change in Use or Tenant. Staff was simply not aware
that the original store had absorbed adjoining tenancies and was expanding.
Use:
Previous Pitkin County Land Use Codes have allowed food related stores such as "Food
stores ", "Supermarkets ", and "Grocery" under the Use Categories of "Place for the
Retailing of Goods" and "Personal Service Outlet" with the following limitations:
1974 Code Section IV (16) lists "supermarkets" under the Use "Places for the
Retailing of Goods" and were allowed provided "no individual building or use exceeded
12,000 sq ft in total floor area; ...which establishments shall be restricted to a maximum
gross floor area of 12,000 sq ft , excluding any basement area used exclusively for
storage area. Any businesses of the same type use which occur individually or jointly in
a single structure or combination of structures situated upon a single tract of land shall be
restricted to 12,000 sq ft."
1976 Code Section 3.05(14) lists "Food Stores" under "Personal Service Outlet ", no
longer under "Places for the Retailing of Goods" and does not limit the size.
BOCC 88 -133 amended the definition of Personal Service Outlet to add the following
size limitation: " ...provided no individual use shall exceed 10,000 sq ft in total floor
area. The total space shall be limited to 80 sq ft of gross leasable space per dwelling unit
in the district."
1980's Code Section 3 -3.23 Places for the Retailing of Goods were allowed "provided
the stores are meant for the convenience of the residents of the area in which located, not
the whole community, and provided all are part of a PUD,...retail goods outlets, eg.,
supermarkets, ...shall not exceed a gross floor area of 12,000 sq ft.
1994 Code: In 1994, "Food Stores" appears again under the Use Category of
"Personal Service Outlets" (Section 3- 40- 170(B)(14)). Foods Stores in the B -2 zone
district shall not exceed 10,000 sq ft. Plus, "the total space shall be limited to 80 sq ft of
gross leasable space per dwelling unit in the district."
2000 Code: Section 3- 40- 170(B)(15) The reprinting of the Land Use Code in 2000
simply states, "Personal Service Outlets: Food Stores .... the total space shall be limited
to eighty (80) sq ft of gross leasable space per dwelling unit in the district." There is no
other limitation in size.
2006 Code: In the current Land Use Code, Section 4- 30 -30(r) Personal Service
Outlets limits grocery stores to no more than three thousand (3,000) sq ft of floor area.
Z
E
VANN ASSOCIATES, LLC
Planning Consultants
April 16, 2012
HAND DELIVERED
Mr. Lance Clarke
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Roxy's Market Code Amendment /GMQS Exemption
Dear Lance:
Please consider this letter an application for an amendment to the Pitkin County Land
Use Code ( "the Code ") and a growth management quota system ( "GMQS ") exemp-
tion to permit the expansion of Roxy's Market, which is located in the 119 Building at
the Aspen Airport Business Center (see Exhibit 1, Pre - Application Conference
Summary, attached hereto).
The application is submitted pursuant to Sections 2- 20- 10(c), 4- 30 -40(r) and 6 -30 -160
of the Code by Roxanne and Michael Lawler, hereinafter "Applicant ", the owners of
Roxy's Market. Permission for the Applicant to apply for the requested approvals has
been granted by Marketplace, LLC, the Applicant's landlord and owner of the
building in which the market is located (see Exhibit 2). Marketplace, LLC's owner-
ship of the property is evidenced in the attached Commitment for Title Insurance (see
Exhibit 3). Permission for Vann Associates, LLC to represent the Applicant, an
executed application fee agreement, and a list of property owners located within 300
feet of the property are attached as Exhibits 4, 5 and 6, respectively.
Project Site
The 119 Building and Roxy's Market are located on Lot 4 -A, Block 3, Amended and
Restated Plat of Aspen Airport Business Center Filing No. 1 which is recorded in Plat
Book 7 at Page 79 in the Office of the Pitkin County Clerk and Recorder (see Exhibit
7). Lot 4 -A is located at the southeast corner of the intersection of Baltic Avenue and
100 Street, and across from the Conoco gas station and adjacent carwash. The Aspen
Skiing Company building is located on Lot 3 -C, Block 3, immediately south of the
119 Building.
P.O. Box 4827 • Basaft, Colorado 81621 • 970/925 -6958 • Fax 970/920 -9310
vannassociates@comcast.net
Mr. Lance Clarke
April 16, 2012
Page 2
The 119 Building consists of a one -story structure with a partial second floor. The
building contains approximately 13,312 square feet of gross area inclusive of its
second floor. A surface parking area with space for approximately 88 cars abuts the
building on its north, south and west sides. Lot 4 -A is zoned B -2, General Business,
as is the majority of the Aspen Airport Business Center ( "AABC "). The B -2 zone
district permits a wide variety of commercial, office and low- intensity industrial uses
allowed by right or subject to special review approval.
Background
The 119 Building has historically served as the retail and personal service center for
the AABC since its construction in 1974. Over the last 38 years the building has
housed a grocery store, restaurant, bank, liquor store, photo shop, sewing shop,
physical therapy facility, interior design/construction business, and a cell phone store.
The original grocery store opened in 1974 in the southwest corner of the building in
the space that is presently occupied by the Blue Sky Cafe. As originally configured,
the grocery contained approximately 3,840 square feet. The 119 Building underwent
a complete remodel in 1991, and the grocery store relocated to the north side of the
building. In connection with the move, the store was expanded to approximately
4,992 square feet.
From 1991 until 2009 the grocery store operated as the Alpine Mountain Market,
which was owned by the Aspen based Clark's Market Group. The market closed in
the spring of 2009 and the space, plus an additional approximately 768 square feet
formerly occupied by Alpine Telecommunications and a rooftop mechanical room
containing approximately 256 square feet, was leased to the Applicant. After an
extensive renovation, the grocery store reopened as Roxy's Market in December of
2009. The Applicant also leases approximately 830 square feet of storage space
elsewhere in the AABC.
As currently configured, Roxy's Market contains approximately 6,016 square feet, of
which approximately 5,504 square feet is located on its ground floor. The remaining
512 square feet is located above the Market on a partial second floor. The second
floor contains the Market's office, employee restrooms, and mechanical room. A
"Letter of Completion" was issued for the renovation by the Community Development
Department ( "COMDEV ") in January of 2010 (see Exhibit 8). The remainder of the
119 Building is occupied by the Blue Sky Cafe, Mountain Resort Interiors/Construc-
tion, Alpine Bank, and Airport Liquors. Floor plans depicting Roxy's Market and the
spaces occupied by the 119 Building's other tenants are attached as Exhibit 9.
uJGJJ2
Mr. Lance Clarke
April 16, 2012
Page 3
Proposed Development
The Applicant would like to further expand Roxy's Market to serve the growing
demand for grocery products and services in the immediate site area. Given the
extent of existing residential development in the area (e.g., the Aspen Grove, Annie
Mitchell, Burlingame and North 40 developments), the planned expansion of Burlin-
game, and the potential development of additional housing at the neighboring Harbert
Lumber parcel, a larger grocery store would clearly benefit the area's residents. The
demand for a larger grocery is also supported by a 2005 survey of area business
owners and residents who overwhelmingly requested that the existing grocery be
expanded to better serve their needs.
More specifically, the Applicant proposes to expand the Market to include the
adjacent Blue Sky Cafe and Mountain Resort Interiors spaces. The inclusion of these
two spaces, which contain approximately 3,072 and 1,024 square feet, respectively,
will increase the size of Roxy's Market to approximately 10,112 square feet. While
the size of the existing market will increase by approximately 48 percent, the expand-
ed grocery store will be substantially smaller than both Aspen's existing City Market
and Clark's Market.
Approximately 1,000 square feet of the additional space will be used to relocate the
Market's off -site storage to the Market itself to facilitate restocking and increase
efficiency. The remaining square footage will be used to expand the Market's
existing cold refrigeration, central shelving, produce area, deli /meat preparation area,
and to provide a new salad /soup /pizza bar. The proposed expansion will allow the
provision of more freezer doors for frozen foods, permit the stocking of a wider
variety of personal service items and locally grown produce, and expand the Market's
existing takeout services.
Pursuant to Section 11 -10 of the Code, a grocery store is defined as a "Personal
Service Outlet ". While Personal Service Outlets are allowed by right as a primary use
in the B -2 zone district, Section 4- 30 -40(r) limits the size of grocery stores to no more
than 3,000 square feet of floor area. However, as discussed above, the 119 Build-
ing's original grocery store, and all subsequent configurations thereof, including the
existing Roxy's Market, have exceeded this limitation.
As best can be determined, no specific approvals other than the issuance of required
building permits were granted to permit the various expansions of the AABC's
grocery store. The Letter of Completion issued by COMDEV in connection with the
2009 Roxy's Market renovation specifically states that "At the time of completion and
final inspection the work was found to be in compliance with zoning and building
regulations ... ". It is presently unknown as to when the limitation on store size was
uuUJU3
Mr. Lance Clarke
April 16, 2012
Page 4
originally adopted, and why prior expansions of the 119 Building's grocery store were
apparently permitted potentially in excess thereof.
The prior expansions of the AABC's grocery store notwithstanding, COMDEV has
determined that the Applicant's proposal to further expand Roxy's Market will require
an amendment to the Code to increase the floor area limitation contained in Section 4-
30-40(r). A GMQS exemption is also required to accomplish the expansion.
Review Requirements
A. Code Amendment
The specific review criteria for approval of an amendment to the Code are
contained in Section 240 -10(c) and are addressed below.
1. Each Land Use Code text amendment shall be consistent with
the Pitkin County Comprehensive Plan.
The "West of Castle Creek Corridor" section of the new Aspen Area
Community Plan includes within its "Philosophy" discussion the statement that "The
AABC should include basic commercial services for residents that reduce the need for
unplanned trips into Aspen. " The expanding residential population in the immediate
area of the AABC warrants a larger grocery store to serve it needs. The availability
of additional grocery products and services will significantly reduce the need for area
residents to travel to Aspen's grocery stores thereby reducing adverse traffic impacts
on Highway 82 and the City's street system. The expanded Roxy's Market will
occupy existing commercial space. As a result, the level of commercial development
in the AABC will remain essentially unchanged thereby maintaining its role as a
subordinate commercial center to the City. Similarly, the size of the expanded market
will remain subordinate to that of the City' existing grocery stores, which will serve
as a disincentive to City residents who might otherwise shop at the AABC's expanded
market.
2. Land Use Code text amendments shall be drafted in a form
consistent with the organizational format and style of this Land Use code.
The language of the proposed text amendment, which is intended to
replace Section 4- 30 -40(r) in its entirely, is as follows. A strikeout indicates existing
text to be deleted. Text proposed to be added is highlighted.
"In the B -1, B -2, T, and SKI-REC zone districts, total space shall be
limited to no more than two thousand (2, 000) square feet of floor area
uU0,iU
Mr. Lance Clarke
April 16, 2012
Page 5
per business. In the B -1 and B 2 zone districts, a grocery store shall
be limited to no more than three thousand (3,000) square feet of floor
area. In the B -2 zvne_distriet a grocery-stare shall. ba.limited to no
more than ten thousand five hundred (10,5001) square, feet 4)Nor
area. "
Please note that the proposed increase in allowable floor area for grocery stores would
only apply in the B -2 zone district. The only areas in Pitkin County zoned B -2 are
located in the AABC and in Old Snowmass at the intersection of Highway 82 and
Snowmass Creek Road. The current 3,000 square foot floor area limitation would be
retained in the B -1 zone district. The only areas presently zoned B -1 are located in
Woody Creek, Thomasville and Meredith.
3. Code amendments shall repeal and reenact entire Code
sections rather than just specific sentences or sub - sections.
The proposed language will replace Section 4- 30 -40(r) in its entirety.
B. Growth Management Quota System Exemption
Pursuant to Section 6 -30 -160 of the Code, the change in use of an
existing structure from the residential, commercial, or tourist accommodation use
categories to another such category is exempt from growth management. While the
proposed expansion of Roxy's Market does not involve a change in use from one
GMQS category to another, COMDEV has determined that the inclusion of additional
commercial space within the existing market is subject to the provisions of this
section. The proposed expansion is also subject to Section 8 -30 -90 which requires the
payment of an impact fee if a commercial facility changes in use from one commer-
cial category to a more intensive commercial category. The relevant review criteria
are addressed below.
1. The applicant shall demonstrate that the structure in which
the change in use is proposed was legally created by producing a valid copy of the
building permit for the structure. In the event a valid building permit for a
structure cannot be provided, the applicant shall demonstrate that the structure
was built prior to the issuance of County building permits.
While we have not been able to locate the original building permit for
the 119 Building, which is believed to have been constructed in 1974, various building
permits for remodels within the building are contained within the Building Depart-
ment's files. A copy of the building permit for the Applicant's 2009 remodel and
expansion of the Roxy's Market space is attached as Exhibit 10. The County has
U(10,JL"5
Mr. Lance Clarke
April 16, 2012
Page 6
clearly treated the 119 Building as being legally created as evidenced by the various
building permits that have been issued with respect thereto since its original construc-
tion.
2. The applicant shall agree to mitigate any employees that are
generated by the proposed change in use as specified in Section 8 -30.
As noted above, Section 8 -30 -90 requires the payment of an impact fee
when an existing commercial use is changed to a more intensive commercial use. A
change in intensity occurs when the new commercial use generates more employees
that the existing use. As Table 8 -3 in Section 8 -30 -30 indicates, restaurant/bar
commercial uses generate significantly more employees than a grocery store while
retail uses and grocery stores are depicted as generating the same number of employ-
ees on a square foot basis. As a result, the expansion of Roxy's Market into the
existing Blue Sky Cafe and Mountain Resort Interiors spaces will not result in an
change to a more intensive commercial use. No impact fee, therefore, is required.
3. The applicant shall accommodate the additional parking needed
on -site or in another appropriate location the additional parking needed to serve
by the proposed change in use.
Adequate parking for the Blue Sky Cafe and Mountain Resort Interiors
is currently provided within the adjacent surface parking area. As noted previously, a
total of 88 on -site spaces are available to serve the 119 Building's tenants. Pursuant
to Table 7 -2 in Section 7- 30 -20(c) of the Code, one parking space per 400 square feet
of floor area is required for non - residential uses. Based on the 119 Building's 13,312
square feet of gross area, approximately 33 off - street parking spaces are required.
Lot 4 -A's existing parking significantly exceeds the minimum requirement.
4. The applicant shall agree to provide any improvements to
water supply, sewage treatment, drainage control, fire and police protection,
roads, transit, trails, schools, library,hospital and parks that are necessitated by
the proposed change in use.
No improvements to existing public facilities are believed to be
required to accommodate the Applicant's proposed expansion of Roxy's Market. A
new water line, however, was installed to accommodate fire protection in connection
with the 2009 renovation and expansion of the market.
5. The development will cause an insubstantial adverse impact
on the community's air, water, and other natural resources and will cause
1�6
Mr. Lance Clarke
April 16, 2012
Page 7
negligible adverse visual impacts on surrounding properties. Any such impacts
that are caused by the development shall be mitigated by the applicant.
No adverse environmental or visual impacts will occur as result of the
proposed expansion of Roxy's Market. The expansion will occur within the existing
footprint of the 119 Building and will comply with all applicable regulatory require-
ments.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
Attachments
cc: Roxanne and Michael Lawler
d: \oldc \bus \counry.app \app5g412.ca
ujUJJ
EXHIBIT
PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY
PROJECT: Code Amendment / GMQS Exemption for Roxy s Expansion
LOCATION: 119 AABC (Block 3, Lot 4-A, AABC)
LOT SIZE: 54,905 sq. ft. PID# 264334403341
APPLICANT: Roxanne and Michael Lawler
REPRESENTATIVE: Same PHONE: 970 - 729 -3219 (Roxanne)
E -MAIL: roxysmarket@yahoo.com
DATE: February 13, 2012 PLANNER: Lance Clarke 920 -5452
Type of Application: Land Use Code Amendment, GMQS Exemption for Change of Use
Description of Project/Development: The Applicant is requesting an amendment to Land Use Code Section 4-
30-40 (r) to permit a grocery store in the B-2 zone district to be up to 10,000 sq. fL (or whatever size is determined
appropriate for the request) in lieu of the current 3,000 sq. ft. limitation.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2- 40-10 (c) (1): Land Use Code Text Amendments
Sec. 4 -30-40 (r): Grocery Store limited to no more than 3,000 sq. ft.
Sec. 6-30 -160: GMQS Exemption for Change of Use
Staff will refer the application to the following agencies: Zoning, City of Aspen Planning, AABC HOA, North -
40 HOA
Review by: P&Z and BOCC
Public Hearing: Yes, at BOCC. Notice is required via posting, mailing and publication. The Applicant
shall post a public notice sign on the property at least 15 days prior to the date speed for the Public
Hearing pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by
first class mail) to all property owners and mineral estate owners within 300' of the subject property with the
return address of the Community Development Department (forth of notice to be obtained from the
Community Development Department). The names and addresses shall be those on the current tax records
of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing.
FEES: $2,950.00, (make check payable to "Pitkin County Treasurer")
a Planning Office flat fee: $2,496.00(non- refundable; based on 8 hours of staff time; if staff review time
exceeds 9 hours, the Applicant will be charged for additional time above 8 hours at a rate of $312/hour)
a $375 Clerk Fee
a $54 Publication Fee
$25 Web technology Fee
To apply, submit 15 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, and addressing compliance with the Code Sections listed above;
2. Application requirements as designated in Section 2.3.3 of the Pitkin County Land Use Application
Manual;
3. Total fee for review of the application;
jJV,.j Ja
4. Signed fee agreement (1 copy);
5. Copy of this preapp form (1 copy);
6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application
Manual;
7. Consent from all owners to process application and authorizing the representative;
NOTES.
➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION,
PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF
POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ ALL MAPS SHALL BE FOLDED, Note. At least one copy shall have all materlals at 81/2"x 11 " or less.
➢ This pre - application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations
based upon representations of the applicant Additional information may be required upon a complete
review of the application.
EXHIBIT
Z
February 22, 2012
Lance Clark
Pitkin County Development Office
Hand Delivered
Dear Lance;
Please let this letter serve as authorization from Marketplace LLC for Mike Lawler of Roxy's Market to
submit a land use application for the proposed expansion of the Roxy's Market. Please contact me
should you have any questions concerning this approval and application.
oinly yours,
Jo P. McBride
UU�J.�i
ASPEN BUSINESS CENTER • 303 E • ASPEN, CO 81611 • 970 - 925 -2102 • FAX 970 - 925 -2104
ALTA Commifinerd (6117186)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
ES►tew�r't
title guaranty company
EXHIBIT
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ('Company), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duty
authorized officers on the date shown in Schedule A
Countersigned by:
�I
Stewart Tide
97 Main Street, Suite W201
Edwards, CO 81632
�S1E
-a.
X r
Tix ►5
dM daledu
Senior Chairman of the Board
*Chairman of the Board
lM!
Fide No.: 01330E088 Page 1 of 2 '
004-UN ALTA Comnilment (6!17/06) E—EE � �+odn
uLjulil
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-6088
1. Effective Date: March 26, 2012 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's
Proposed Insured:
(b) A.L.T.A. Mortgagee's
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Marketplace, LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
Lot 4A
Block 3
AMENDED AND RESTATED PLAT OF ASPEN AIRPORT BUSINESS CENTER FILING NO. 1 recorded in Plat Book 7
at Page 79
COUNTY OF PITKIN, STATE OF COLORADO.
Purported Address:
119 AABC
Aspen, CO 81611
dWed .
AN COW ILY m p1
RrttElMMrC"
Fie No. 01330 -6088
CO STG ALTA ComnfNnent Sch A STO
U iJV,Ia
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Commitment Fee $100.0
Page 1 of 1
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EXHIBIT
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April 9, 2012
HAND DELIVERED
Mr. Lance Clarke
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Clarke:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for a code
amendment and growth management exemption for Roxy's Market which is located in
the 119 Building at the Aspen Airport Business Center. Mr. Vann is hereby authorized
to act on our behalf with respect to all matters reasonably pertaining to the afore-
mentioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
ROXY'S MARKET
Michael Lawler
c: \o1dc \bus \county.1tr \Itr58412.1c I
�iVJi3
EXHIBIT
PITIGN COUNTY COMMUNITY DEVELOPMENT DEPAR �J
AGREEMENT FOR PAYMENT OF LAND UU.,S�E /APPLICATION
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
for Clf>�
THE PROJECT).
to COUNTY an
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application-
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full felts prior to a determination o &plication completeness, APPLICANT shall pay a base fee in the
amount of $' which is based orxr5 hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITIGN COUNTY APPLICANT
Cindy Houben
Community Development Director
Signature 2
Date: If//3/2,0/
Mailing Address:
%p. /34.Y Z¢9q
Effective 01/26/2010
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ASPEN, CO 81611
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532 E HOPKINS AVE
ASPEN, CO 81611 -1818
ASPEN FIRE PROTECTION DISTRICT
420 E HOPKINS AVE
ASPEN, CO 81611
BEDELL MARK & LINDA
309 K AABC
ASPEN, CO 81611
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ASPEN, CO 81612
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ASPEN, CO 81611
BLASTOS NICK
418 PACIFIC AVE #E
ASPEN, CO 81611
BRUSH CREEK LAND COMPANY LLC BYRNES PATRICIA A
C/O ASPEN SKIING COMPANY 416E AABC
PO BOX 1248 ASPEN, CO 81611
ASPEN, CO 81612
COLUMBINE STORAGE PARTNERSHIP CWB ENTERPRISES INC
LLP 505 E 14YMAN AVE
411 ASPEN AIRPORT BUSINESS ASPEN, CO 81611
CENTER
ASPEN, CO 81611
DICKINSON SUSAN DIOGUARDI PAUL
414F AABC 529 LAKE CT
ASPEN, CO 81611 BASALT, CO 81621 -9326
FISERV ISS & CO
FOSTER PIPER & TAD & MELISSA
FBO ROBERTA LOWENSTEIN
PO BOX 11514
PO BOX 173859
ASPEN, CO 81612
DENVER, CO 80217 -3859
FRY KATHERINE
420 AABC APT C
ASPEN, CO 81611 -2558
HARDY RYAN L
414 PACIFIC #A uli�, 115
ASPEN, CO 81611
GOSIN AMY L
PO BOX 897
ASPEN, CO 81612
HMIELOWSKI SETH & MELANIE
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ASPEN, CO 81612 -9328
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PO BOX 2066
ASPEN, CO 81612
ASPEN CONSTRUCTORS INC
309 AABC #G
ASPEN, CO 81611
ASPEN SKIING COMPANY LLC
PO BOX 1248
ASPEN, CO 81612
BLEILER GRETCHEN E
PO BOX 5774
SNOWMASS VILLAGE, CO 81615
CARPENTER CURT LAWRENCE
CARPENTER CORNELIA D
319 ASPEN AIRPORT BUSINESS
CENTER STE EF
ASPEN, CO 816113516
DE LAVAISSIERE BENOIT & MARCELA
420 AABC APT B
ASPEN, CO 81611 -2558
EDGERLY ANNA & STUART
1765 SNOWMASS CREEK RD
SNOWMASS, CO 81654
FOWLER PAUL & SABINE
PO BOX 11199
ASPEN, CO 81612
GULL EVAN H & FLOURNOY
25 ARDMORE CT
ASPEN, CO 81611
HOLY CROSS ENERGY
DRAWER 2150
GLENWOOD SPRINGS, CO 81601
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ILLOUZ SHALOM & JOLIEN JUCY STUDIO LLC KNEZEVICH RICHARD & SUSAN
377 SOPRIS CIR 303 E AABC 309 K AABC
BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611
KRISHNAMURTI MADHU B
PO BOX 11025
ASPEN, CO 81612
LOWENSTEIN NORMAN CREDIT
SHELTER TRUST
PO BOX 741626
BOYNTON BEACH, FL 33474
MCBRIDE JOHN P
303E AABC
ASPEN, CO 81611
MCBRIDE PETER MACK 33.3%
303 E AABC
ASPEN, CO 81611
MILLER IRA D & JULIANNE B
4129 COUNTRY CLUB CIR
VIRGINIA BEACH, VA 23455
PACE LAUREL P
319 AABC UNIT M
ASPEN, CO 81611
LONG ROGER E
PO BOX 2289
ASPEN, CO 81612
MATHISON GEORGE & ANN L
22691 BIRCHWOOD ESTATES LN
FERGUS FALLS, MN 56537
MCBRIDE JOHN PAUL JR
PO BOX 245
7037 E SOPRIS CREEK RD
SNOWMASS, CO 81654
MCLAIN TRAVIS
PO BOX 8293
ASPEN, CO 81612
MOHWINKEL CLIFF
PO BOX 9457
ASPEN, CO 81612
PEARCEJUDY
319 ASPEN AIRPORT BUSINESS
CENTER UNIT Z
ASPEN, CO 816113516
LOVINS JUDITH HILL
148 ASPEN VILLAGE
ASPEN, CO 81611
MATHISON LUKE
PO BOX 10731
ASPEN, CO 81611
MCBRIDE PETER MACK
CIO LESTER D PEDICORD
1720 S BELLAIRE STE 300
DENVER, CO 80222 -4316
MELIUS GRANT
PO BOX 9916
ASPEN, CO 81612
OBERMEYER AABC LLC
115 AABC
ASPEN, CO 81611
PEOPLES WAY LLC
PO BOX 802
ASPEN, CO 81612
ROARING FORK LAND CO
121 AABC
ASPEN, CO 81611
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PUCKETT KATHERINE HAWLEY
PITKIN COUNTY
C/O HANSEN CONSTRUCTION INC
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530 E MAIN ST #302
310 AABC
303 E AABC
ASPEN, CO 81611
ASPEN, CO 81611
ASPEN, CO 81611
RESIDENCES AT LITTLE NELL DEV LLC
RING PHILLIP M
RINGSBY ERIC
450 NEWPORT CENTER DR #570
418 G PACIFIC AVE
HC G4 BOX 410
NEWPORT BEACH, CA 92660
ASPEN, CO 81611
RCK RIVER, WY 82083
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ASPEN, CO 81612
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BROADVIEW HEIGHTS, OH 44147
SMITH CHRISTOPHER H
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SPAULDING STACEY & SALLY
PO BOX 1307
PO BOX 8679
PO BOX 4244
ASPEN, CO 81612 -1307
ASPEN, CO 81611
BASALT, CO 81621
SPEARS JOSEPH I & MONIQUE J
STANBERRY DANIEL L
SULLIVAN DANIEL J
319 AABC UNIT K
319 S AABC #9 S&T
9631 W COCO CIR #202
ASPEN, CO 81611
ASPEN, CO 81611
LITTLETON, CO 80202
TEUSCHER JONATHAN W & ANNETTE L
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126 MAPLE LN
5084 SNOW MASS CREEK RD
ASPEN, CO 81611
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LETTER OF COMPLETION
PRkin County
Community Development Department
Building Permit
Owner of Building:
Building Address:
Group:
Type of Construction:
OD082D09.PCSK
PETER MACK MCBRIDE
119AABC
H
ASPEN CO 81611
M
VA
M THE PLANS AND CONSTRUCTION FOR THE PERMITTED PROJECT DESCRIBED HAVE BEEN INSPECTED
AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT. AT THE TIME OF
9,4;
COMPLETION AND FINAL INSPECTION THE WORK WAS FpIMD TO BE IN COMPLIANCE WITH ZONING
AND BOLDING REGULATIONS EFFECTIVE IN THE COUNTY WITH THE FOLLOWING RESTRICTIONS:
Parcel ID 284334403341
Lot 4A, Block 3. Aspen Airport Business Center PUD.
Interior remodel of market and deTaatessenindudes one accessue unisex '% bath and two employee %
bandL Sprinkiered.
20031Memationai Building Code, Section 110.
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a NEW NECHMN VENTNATpN M ANIFORM TO SE M " IERAa LNTERYATNWM NECHMN COLC
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GENERAL PLAN NOTES:
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PUBLIC NOTICE
RE: B -2 Code Amendment (Roxy's Market)
(CASE# P043 -12)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
September 12. 2012 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Michael and Roxanne Lawler (119 AABC, Aspen, CO 81612) requesting to amend the B-
2 Zone District to allow for a larger grocery store. The property that will be affected by
this amendment is located 119 AABC Road and is legally described as Aspen Airport
Business Center Block 3, Lot 4A. The State Parcel Identification for this property is
2643 - 344 -03 -341. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
For further information, contact Mike Kraemer at (970) 920 -5482.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. The names and addresses
shall be those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
LE,4SK Vn LN -SION AGREea► LNT
THIS LEASE EXTENSION AGREEMENT (this Agreement) is made between
John P. McBride as ( "Landlord "), and Mountain Resort Interiors and
Construction as ( "Tenant").
RECITALS
A. Landlord and Tenant entered into a Lease Agreement dated 1" day of
October 2003 ( "Lease ") with respect to the space 119B ABC (units 35- 36 -45- and 46
located in the Marketplace Buildingj Aspen Colorado 81611.
B. Landlord and Tenant desires to extend the Lease Term.
NOW, therefore, it is agreed as follows:
I. The term of the Lease is extended for an additional one (1) year tern,
commencing June 1, 2009 and ending May 31, 2010 ( "Extension Temi').
Tenant shall have the option to extend this lease agreement for an additional
two (2) one (1) year periods. The first option period shall be from June 1,
2010 to May 31, 2011 and the second option period shall be from June 1,
2011 to May 31, 2012. Tenant shall give Landlord no more than 120 days
written notice and no less than 90 days written notice of Tenant's election to
exercise each of the option periods. The rent for the first option period shall
be $1� per year, jj� per month. The rent for the second option
period shall be yMINNEWer year, 'per month.
2. The rent for the extended term of the Lease shall be q@@lMllWannually,
jffiff�onthly.
3. The Lessee hereby agrees at the time of the extension of this Lease, the
amount due is 50.00 .Of this, SO_00 - -is for rent increase, or
portion thereof, and SO 00(total last month rent paid 0.00) is to be applied
toward last month's rent, and SO 00 (total deposit yard
s for
compliance deposit, which shall be held by Lessor as security for the faithful
performance by Lessee of all terms contained herein, said deposit to be
returned to Lessee by the Lessor at the end of the Lease, provided the Lessee
is not in default. Tenant will pay S -0- each month in
addition to the monthly rent that will be applied to the security deposit/last
month's rent due.
4. This agreement controls any inconsistent provision of the Lease. .
5. Except as provided otherwise herein, the Lease is ratified and approved as
first written.
Dated: (J3J O J- D R Dated: S/$ 4-1
John P. McBride Tenant: Mountain Resort Interiors and
F Construction
By: G (phi L
Ronald S. Lund, Agent By: Greg Wisener
C; : /Pam Duke
R
COUNTY PLANNING AND ZONING COMMISSION MEETING
TUESDAY, JULY 17, 2012
Library Meeting Room
102 North Mill Street
Aspen, CO
Commissioners Present: Staff Present:
John Howard
Ben Genshaft
Monty Thompson
Mirte Mallory
Lexi McNutt
James VeShancey
Lance Clarke
Mike Kraemer
I. CALL TO ORDER: Chairman Howard called the Planning and Zoning Commission meeting to
order at 5:00 P.M.
H. COMMENTS:
A. COMMISSIONERS:
B. PLANNING STAFF:
C. PUBLIC:
M. NEW BUSINESS:
1. HUNTER CREEK TRAIL EXTENSION LOCATION AND EXTENT REVIEW
STAFF: MIKE KREAME R
➢ Applicant: Pitkin County Open Space and Trails Department (OST)
➢ Applicant's Representatives: Austin Weiss of the City of Aspen Park Department
and Gary Tennenbaum.
➢ Summary of Request: The Applicant is requesting Location and Extent Review
approval to extend the Hunter Creek Trail from the Hunter Longhouse, through three
(3) private parcels that have established easements, to the Rio Grande Trail. The
extension is proposed to be a 4' wide soft surface trail and will necessitate a crossing at
Red Mountain Road, a County owned road, and construction of a bridge across Hunter
Creek.
Staff provided a brief presentation of the application explaining the request as outlined
above.
Gary Tennenbaum with Pitkin County Open Space and Trails Department gave background
on the proposal clarifying some points of the proposal trail.
Austin Weiss with the City of Aspen Parks Department also provided clarifying points on
the proposal.
Commissioner VeShancey asked if there were alternative access points considered instead
of Red Mountain Road. He also asked if the proposed trail would be an attractant for
parking along Red Mountain Road. VeShancey also asked if the P &Z could do a site visit.
Commissioner Genshaft asked about bikes crossing Red Mountain Road and the dangerous
nature of the steep pitch off Red Mountain. Genshaft asked if signage would be erected to
indicate to bicyclists to dismount before crossing the Road. Genshaft also asked for a site
visit to view the proposed trail.
Commissioner Mallory asked if there are other examples of the proposed Red Mountain
Road crossings in the County. Mallory stated that the Red Mountain crossing which
proposes lights and slight elevated grade has more of an urban feel. Mallory felt this was
appropriate due to the fact Red Mountain Road is within the Urban Growth Boundary and
not in the rural area of the County.
Commissioner McNutt also asked about the potential for trail users to park along Red
Mountain Road. McNutt was in favor of the extension.
Commissioner Thompson was concerned about winter use of the trail and where snow
would be pushed when Red Mountain Road was plowed. Thompson also expressed
concern about the steep grade of Red Mountain Road and the poor drainage from the
bridge. Poor drainage in the winter, he said, leads to ice buildup and poor traction for
vehicles heading down Red Mountain.
Public comments:
Junee Kirk was concerned about the potential disruption to wildlife and the stated corridor.
Kirk was also concerned about the safety of the crossing.
Mark Zachary echoed Kirk's concerns and stated that there was already a connection just
downhill from the proposed connection. Zachary proposed that more study and design
occur and that crossing go underneath the bridge and stated that the crossing at Red
Mountain Road was dangerous.
Wendy Barker agreed with Zachary about access and that the Red Mountain crossing was
dangerous and needed more signage.
Mark Freedberg echoed all the other public comments and said that the Red Mountain
crossing was dangerous and that a site visit was needed.
I
Mark Devlin stated that the crossing should go underneath the bridge instead of crossing
Red Mountain Road.
Commissioner Thompson moved to recommend to continue the hearing and conduct a
site visit. The motion died for lack of a second.
Commissioner Mallory moved to recommend the HUNTER CREEK TRAIL
EXTENSION LOCATION AND EXTENT REVIEW WAS IN CONFORMANCE
WrTH THE APPLICABLE MASTER PLAN, subject to the draft P &Z Resolution.
Commissioner McNutt seconded. Chairman Howard called the question, and the
motion passed 3 to 2. Commissioners VeShancey and Thompson were in the minority.
Commissioner Genshaft did not vote (alternate).
2. ROXY'S MARKET LAND USE CODE AMENDMENT
STAFF: MIKE KREAMER
➢ Applicant: Roxanne and Michael Lawler
➢ Applicant's Representatives: Sunny Vann (not present)
➢ Summary of Request: The Applicant has proposed to amend the 2006 Land Use
Code, particularly Section 4- 3040(r) in effort to build a larger grocery store at the
Aspen Business Center (AABC). The request is to be able to expand a grocery up
10,500 square feet of floor area.
Staff provided a presentation to the P &Z explaining the request as outlined above.
The P &Z proceeded with questions for Staff and general statements regarding the
applications.
Lawler explained the request and offered explanation to the reason for the expansion for
the grocery store.
Rob Snyder who works with the owner of the building was present and also reiterated the
reason for the proposal and support for the request.
Commissioner McNutt was concerned about parking and traffic flow for the parking lot at
the store.
Commissioner Mallory was also concerned about traffic flow and asked that bike racks be
part of the design.
The general sentiment of the P &Z was that if the grocery store were to expand again in the
future, taking over yet another two spaces in the building, it would make sense to allow a
13,000 square foot grocery in the B -2 rather than the amount the Applicant requested,
which is 10,500 square foot of store. The P &Z felt this was prudent to recommend to the
BOCC.
The P &Z recommended the following language:
"However, in any contiguous parcels zoned B -2 there may be one grocery store up to
13, 000 square feet in size ".
Commissioner Genshaft moved to recommend approval to the BOCC of the
ROXY'S MARKET/LAWLER LAND USE CODE AMENDMENT subject to the
language explained above.
Commissioner VeShancey seconded. Chairman Howard called the question, and the
motion passed 5 to 0.
Commissioner McNutt did not vote (alternate).
IV. ADJOURN: The meeting adjourned at 6:30 P.M.
61
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2 -20 -100
I V41few , being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in
the following manner:
By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at
least 30 days prior to the public hearin to all owners of property adjacent to the subject property, as
indicated on the att4ched list, on the � day of , 20C21which is days prior to the public
hearing date of jV KZ . The names and addresses of the adjacent property owners shall be those
on the current tdx records of Pitkin County as they appeared no more than 60 days prior to the public
hearing.
XBy mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid U.S. Mail at
least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject
property, as indicated on the attached list, on the day of , 200_ (which is _ days prior
to the public hearing date of . The names and addresses of the mineral estate owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public hearing.
3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 2 % day of 4-e-* 20dgwhich is t least fifteen (15) days prior to the
public hearing. A photograph of the posted sign is attacheeyQt . �
Sti.M vwr' Y 0kv
Applicant's e
(Attach photograph here)
JACFQE
i LOTHIAN o
or C
4 f Q
G:AcountyNadmmn forms\affidavit
1 (4 Lo
Signed before me this12-day of�,
20by Swt*}I^y Vmn
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 1 D 1_5�
tai�yl?ubllc
Notary Public's Signature
PUBLIC NOTICE
RE: B -2 Code Amendment (Roxy's Market)
(CASE# P043 -12)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,
September 12, 2012 at a regular meeting to begin at 12:00 PM or as soon thereafter as the
conduct of business allows, before the Board of County Commissioners, Plaza One
Conference Room, 530 East Main Street, Aspen to consider an application submitted by
Michael and Roxanne Lawler (119 AABC, Aspen, CO 81612) requesting to amend the B-
2 Zone District to allow for a larger grocery store. The property that will be affected by
this amendment is located 119 AABC Road and is legally described as Aspen Airport
Business Center Block 3, Lot 4A. The State Parcel Identification for this property is
2643 - 344 -03 -341. The application/resolution are available for public inspection in the
Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611.
For further information, contact Mike Kraemer at (970) 920 -5482.
Jeanette Jones, Deputy County Clerk
Board of County Commissioners
Attention Applicant/Representative:
It is your responsibility to do the following:
1. Mail this Public Notice to all property owners and mineral estate owners within
300' of the subject property at least 30 days prior to the hearing with the return
address of the Community Development Department. The names and addresses
shall be those on the current tax records of Pitkin County as they appeared no more
than 60 days prior to the date of the public hearing
2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your
applicant letter) as proof of compliance with the Code at the hearing.
3. Pick up Public Notice sign from the Pitkin County Community Development
Department, 130 South Galena Street, Aspen, CO (970) 920 -5526
4. Post the Public Notice sign on the property at least fifteen days (15) prior to the
hearing
5. Remove the Public Notice sign within one week after hearing date
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ILLOUZ SHALOM & JOLIEN
377 SOPRIS CIR
BASALT, CO 81621
KRISHNAMURTI MADHU B
PO BOX 11025
ASPEN, CO 81612
LOWENSTEIN NORMAN CREDIT
SHELTER TRUST
PO BOX 741626
BOYNTON BEACH, FL 33474
MCBRIDE JOHN P
303E AABC
ASPEN, CO 81611
MCBRIDE PETER MACK 33.3%
303 E AABC
ASPEN, CO 81611
MILLER IRA D & JULIANNE B
4129 COUNTRY CLUB CIR
VIRGINIA BEACH, VA 23455
PACE LAUREL P
319 AABC UNIT M
ASPEN, CO 81611
PITKIN COUNTY
530 E MAIN ST #302
ASPEN, CO 81611
RESIDENCES AT LITTLE NELL DEV LLC
450 NEWPORT CENTER DR #570
NEWPORT BEACH, CA 92660
ROARING FORK LAND CO
121 AABC
ASPEN, CO 81611
3
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JUCY STUDIO LLC
303 E AABC
ASPEN, CO 81611
LONG ROGER E
PO BOX 2289
ASPEN, CO 81612
MATHISON GEORGE & ANN L
22691 BIRCHWOOD ESTATES LN
FERGUS FALLS, MN 56537
MCBRIDE JOHN PAUL JR
PO BOX 245
7037 E SOPRIS CREEK RD
SNOWMASS, CO 81654
MCLAIN TRAVIS
PO BOX 8293
ASPEN, CO 81612
MOHW INKEL CLIFF
PO BOX 9457
ASPEN, CO 81612
PEARCEJUDY
319 ASPEN AIRPORT BUSINESS
CENTER UNIT Z
ASPEN, CO 816113516
PLAZA 117 LLC
C/O HANSEN CONSTRUCTION INC
310 AABC
ASPEN, CO 81611
RING PHILLIP M
418 G PACIFIC AVE
ASPEN, CO 81611
RUSNAK CATHERINE
414 PACIFIC # A
ASPEN, CO 81611
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KNEZEVICH RICHARD & SUSAN
309 K AABC
ASPEN, CO 81611
LOVINS JUDITH HILL
148 ASPEN VILLAGE
ASPEN, CO 81611
MATHISON LUKE
PO BOX 10731
ASPEN, CO 81611
MCBRIDE PETER MACK
C/O LESTER D PEDICORD
1720 S BELLAIRE STE 300
DENVER, CO 80222 -4316
MELIUS GRANT
PO BOX 9916
ASPEN, CO 81612
OBERMEYER AABC LLC
115 AABC
ASPEN, CO 81611
PEOPLES WAY LLC
PO BOX 802
ASPEN, CO 81612
PUCKETT KATHERINE HAWLEY
MCBRIDE 33.3%
303 E AABC
ASPEN, CO 81611
RINGSBY ERIC
HC G4 BOX 410
RCK RIVER, WY 82083
SAGEBRUSH CONDOMINIUMS
SNYDER ROBERT J REALTY SERVICES
INC
304 S GALENA STE A
ASPEN, CO 81611
wwwaverycom
1- 800- GO-AVERY
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309 SAGEBRUSH LLC 414 PACIFIC AVENUE LLC 81611 PROPERTIES LLC
309 AABC UNIT G 5692 S NOME ST PO BOX 2066
ASPEN, CO 81611 ENGLEWOOD, CO 80111 ASPEN, CO 81612
ABC 32 LLC ARGYLE LLC ASPEN CONSTRUCTORS INC
532 E HOPKINS AVE PO BOX 11134 309 AABC #G
ASPEN, CO 81611 -1818 ASPEN, CO 81612 ASPEN, CO 81611
ASPEN FIRE PROTECTION DISTRICT ASPEN SCHOOL DISTRICT NO 1 RE ASPEN SKIING COMPANY LLC
420 E HOPKINS AVE 0235 HIGH SCHOOL RD PO BOX 1248
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
BEDELL MARK & LINDA
BLASTOS NICK
BLEILER GRETCHEN E
309 K AABC
418 PACIFIC AVE #E
PO BOX 5774
ASPEN, CO 81611
ASPEN, CO 81611
SNOWMASS VILLAGE, CO 81615
BRUSH CREEK LAND COMPANY LLC
BYRNES PATRICIA A
CARPENTER CURT LAWRENCE
C/O ASPEN SKIING COMPANY
416E AABC
CARPENTER IA D
PO BOX 1248
ASPEN, CO 81611
319 ASPEN AIRPORT RPORT BUSINESS
ASPEN, CO 81612
CENTER STE EF
ASPEN, CO 816113516
COLUMBINE STORAGE PARTNERSHIP CWB ENTERPRISES INC DE LAVAISSI ERE BENOIT & MARCELA
LLP 505 E HYMAN AVE 420 AABC APT B
411 ASPEN AIRPORT BUSINESS ASPEN, CO 81611 ASPEN, CO 81611 -2558
CENTER
ASPEN, CO 81611
DICKINSON SUSAN DIOGUARDI PAUL EDGERLY ANNA & STUART
414F AABC 529 LAKE CT 1765 SNOWMASS CREEK RD
ASPEN, CO 81611 BASALT, CO 81621 -9326 SNOWMASS, CO 81654
FISERV ISS & CO FOSTER PIPER & TAD & MELISSA FOWLER PAUL & SABINE
FBO ROBERTA LOWENSTEIN PO BOX 11514 PO BOX 11199
PO BOX 173859 ASPEN, CO 81612 ASPEN, CO 81612
DENVER, CO 80217 -3859
FRY KATHERINE GOSIN AMY L GULL EVAN H & FLOURNOY
420 AABC APT C PO BOX 897 25 ARDMORE CT
ASPEN, CO 81611 -2558 ASPEN, CO 81612 ASPEN, CO 81611
HARDY RYAN HMIELOWSKI SETH & MELANIE HOLY CROSS ENERGY
414 PACIFIC # A PO BOX 12145 DRAWER 2150
ASPEN, CO 81611 ASPEN, CO 81612 -9328 GLENWOOD SPRINGS, CO 81601
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SAMS CAROL A
PO BOX 4582
ASPEN, CO 81612
SMITH CHRISTOPHER H
PO BOX 1307
ASPEN, CO 81612 -1307
SPEARS JOSEPH 1 & MONIQUE J
319 AABC UNIT K
ASPEN, CO 81611
i
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TEUSCHER JONATHAN W & ANNETTE L
126 MAPLE LN
ASPEN, CO 81611
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SAND STEVEN L
416 AABC - APT D
ASPEN, CO 81611 -2556
SMITH COLTER HAWKES
PO BOX 8679
ASPEN, CO 81611
STANBERRY DANIEL L
319 S AABC #9 S &T
ASPEN, CO 81611
ZANIN BRADLEY L
5084 SNOW MASS CREEK RD
SNOWMASS, CO 816154
US AVERY ' 5160®
SAVAGE KATHLEEN M
1523 LINTON LN
BROADVIEW HEIGHTS, OH 44147
SPAULDING STACEY & SALLY
PO BOX 4244
BASALT. CO 81621
SULLIVAN DANIEL J
9631 W COCO CIR #202
LITTLETON, CO 80202
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Bonnie Waechtler
To: S. Vann
Subject: FW: Marketplace LLC please note the change to Mike Kraemer Planner
Importance: High
From: Bonnie Waechtler
Sent: Tuesday, May 01, 2012 12:24 PM
To: 'vannassociates @comcast.net'
Subject: Marketplace LLC
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920- 5526/FAX4 (970) 920 -5439
May 1, 2012
Sunny Vann
PO Box 4827
Basalt, CO 81621
V annassociateskcomcast.net
Re: Marketplace LLC Land Use Code Amendment, GMQS Exemption for Change of Use
(PID# 2643 - 344 -03 -341; CASE # P043 -12)
Dear Mr. Vann:
The Planning staff has completed its preliminary review of the captioned application. We have determined that this
application is complete. After a more detailed review of the submittal information, additional information specific
to the application may be requested in order to adequately review and process the application. The planner in
charge of the review will request the information from you directly.
This application has been scheduled for review by the Pitkin County Planning and Zoning Commission on
Tuesday, June 5, 2012 at a meeting to begin at 5:00 p.m. in Plaza One Conference Room, 530 E. Main St.,
Aspen. Should this date be inconvenient for you please contact me within 3 working days of the date of this
letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application
will only be allowed for unavoidable technical problems.
If you have any questions, please call Lance Mike Kraemer, the planner assigned to your case, at 920 -5482
Sincerely,
Bonnie Waechtler
Bonnie Waechtler
To: Joanna Schaffner; Jennifer Phelan;'rogdeblong @comcast.net';
mtullar @jonestrading.com'
Cc paul @zgtec.com'; 'Monique @e4outdoor.com'
Subject: DUE 5/28 Pitkin County Land Use Marketplace LLC application
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920 -5526 FAX (970) 920 -5439
MEMORANDUM
TO: Zoning Officer
AABC Homeowners Association
North Forty Homeowners Association
City of Aspen Planning
FROM: Mike Kraemer, Community Development Department
Michael.kraemer@co.pitkin.co.us
RE: Marketplace LLC Land Use Code Amendment, GMQS Exemption for Change of Use (PID#
2643 - 344 -03 -341; CASE# P043 -12)
DATE: May 1, 2012
Attached for your review and comments are materials for an application submitted by Marketplace LLC. The
Pitkin County Planning and Zoning Commission will review the application on June 5, 2012.
Please return your comments to me by Monday, May 28, 2012.
htt-o / /www aspeni)itkin com/ Portals /0/ docs /countv /Com %2ODev/PlanninpjLand Use Applications /P043 12 a
pp.pdf
If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtleroa co.pitk-in.co.us or
920 -5109.
Thank you.
/47,gcAAbJ-F A
MEMORANDUM
TO: Mike Kraemer, Planner
FROM: Joanna S. Schaffner, Zoning Officer
DATE: May 25, 2012
RE: Marketplace LLC Land Use Code Amendment, GMQS Exemption for
Change in Use
Parcel ID# 2643 - 344 -03 -341
I have reviewed the above referenced application and offer the following comments.
After reviewing the application, two obvious questions come to mind:
1. How big are Aspen's City Market and Clark's Market?
According to the City's Building Department, City Market contains 26,607 sq ft and the
entire Clark's Market building contains 29,490 sq ft.
2. How did the existing store get to exceed the 3,000 sq ft limitation of the zone
district?
History:
The Building Department's file for this site is incomplete. Staff does not dispute the
development history of this site as represented in the application.
Floor Area: The applicant represents that Roxy's currently contains 6,016 sq ft. The
gross floor area allowed food stores in the B -2 zone district have varied since this
structure was constructed in 1974. The chart below shows that the improvements made
up until 2009 were in compliance with size allowances.
See page two for more detailed information.
In 2009, after having acquired more leasable area, the applicant applied for a building
permit to remodel Roxy's. Whether or not it was intended by the applicant, it was never
I of 2-
Size Limitations on Food
Roxy's Total Floor
Year
Stores in the B -2 zone
Area per A 1pp icant
1974
12,000 sq ft
3,840 sq ft (1974)
1976
No limit
1988
10,000 sq ft (limited to 80 sq ft of gross leasable space
per dwelling unit in the district)
1980's
12,000 sq ft
1990's
10,000 sq ft
4,992 sq ft (199 1)
2000 -06
80 sq ft of leasable space per dwelling unit in the district
2006 - Present
3,000 sq ft
6,016 sq ft (2009)
See page two for more detailed information.
In 2009, after having acquired more leasable area, the applicant applied for a building
permit to remodel Roxy's. Whether or not it was intended by the applicant, it was never
I of 2-
indicated on the plans or in the application that the store was expanding. The entire space
was represented as "Roxy's ". There was no mention of an increase in floor area, since
the space already existed, or of a change in Use or Tenant. Staff was simply not aware
that the original store had absorbed adjoining tenancies and was expanding.
Use:
Previous Pitkin County Land Use Codes have allowed food related stores such as "Food
stores ", "Supermarkets ", and "Grocery" under the Use Categories of "Place for the
Retailing of Goods" and "Personal Service Outlet" with the following limitations:
1974 Code Section IV (16) lists "supermarkets" under the Use "Places for the
Retailing of Goods" and were allowed provided "no individual building or use exceeded
12,000 sq ft in total floor area; ...which establishments shall be restricted to a maximum
gross floor area of 12,000 sq ft , excluding any basement area used exclusively for
storage area. Any businesses of the same type use which occur individually or jointly in
a single structure or combination of structures situated upon a single tract of land shall be
restricted to 12,000 sq ft."
1976 Code Section 3.05(14) lists "Food Stores" under "Personal Service Outlet ", no
longer under "Places for the Retailing of Goods" and does not limit the size.
BOCC 88 -133 amended the definition of Personal Service Outlet to add the following
size limitation: " ...provided no individual use shall exceed 10,000 sq ft in total floor
area. The total space shall be limited to 80 sq ft of gross leasable space per dwelling unit
in the district."
1980's Code Section 3 -3.23 Places for the Retailing of Goods were allowed "provided
the stores are meant for the convenience of the residents of the area in which located, not
the whole community, and provided all are part of a PUD,...retail goods outlets, eg.,
supermarkets, ...shall not exceed a gross floor area of 12,000 sq ft.
1994 Code: In 1994, "Food Stores" appears again under the Use Category of
"Personal Service Outlets" (Section 3- 40- 170(B)(14)). Foods Stores in the B -2 zone
district shall not exceed 10,000 sq ft. Plus, "the total space shall be limited to 80 sq ft of
gross leasable space per dwelling unit in the district."
2000 Code: Section 3- 40- 170(B)(15) The reprinting of the Land Use Code in 2000
simply states, "Personal Service Outlets: Food Stores .... the total space shall be limited
to eighty (80) sq ft of gross leasable space per dwelling unit in the district." There is no
other limitation in size.
2006 Code: In the current Land Use Code, Section 4- 30 -30(r) Personal Service
Outlets limits grocery stores to no more than three thousand (3,000) sq ft of floor area.
Z
E
Michael Kraemer
From: Bonnie Waechtler
Sent: Thursday, May 17, 2012 1:48 PM
To: Michael Kraemer
Subject: FW: DUE 5/28 Pitkin County Land Use Marketplace LLC application
From: Jim Pomeroy
Sent: Thursday, May 17, 2012 1:18 PM
To: Bonnie Waechtler
Cc. Jennifer Phelan
Subject: RE: DUE 5/28 Pitkin County Land Use Marketplace LLC application
Hi Bonnie,
Jennifer asked me to review this and get comment from our department. No one on our staff has any comment.
Thanks,
Jim Pomeroy
Code Enforcement Officer
Community Development Department
City of Aspen
970- 429 -2745
codeenforcement@ci.aspen.co.us
From: Jennifer Phelan
Sent: Friday, May 04, 2012 12:30 PM
To: Jim Pomeroy
Subject: FW: DUE 5/28 Pitkin County Land Use Marketplace LLC application
Jennifer Phelan, AICP
Deputy Planning Director
Community Development Department
City of Aspen
130 S. Galena St.
Aspen, CO 81611
970 - 429 -2759
www.aspenpitkin.com
From: Bonnie Waechtler
Sent: Wednesday, May 02, 2012 7:26 AM
To: Joanna Schaffner; Jennifer Phelan; rogdeblona@comcast.net; mtullar(aljonestrading.com
Cc: Qaul alzgtec.com; MoniqueCale4outdoor.com
Subject: DUE 5/28 Pitkin County Land Use Marketplace LLC application
PITION COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
19 z
Page 1 of 1
Joanna Schaffner
From: Denis Murray
Sent: Friday, May 25, 2012 1:38 PM
To: Joanna Schaffner
Subject: RE: Citimarket and Clarks
City Market 26607 sq ft -�;4tLupt S%
Clarks Market total building 29490 may' L /'QUv2 V /Di
l� � O
Denis Murray
Plans Examination Manager
City of Aspen
970 - 429 -2761 Office
970 - 309 -6283 Cell
Denis.Murrav @ci.aspen.co.us
From: Joanna Schaffner
Sent: Friday, May 25, 2012 10:14 AM
To: Denis Murray
Subject: Citimarket and Clarks
Any numbers would be appreciated
5/25/2012
/0 000 CL*�lcs
PITKIN °C3UNTY COMMUNITY DEVEL-')MENT
Permit Receipt
RECEIPT NUMBER 00032330
Name: Aspen Groc Date:4/18/2012
Project Address: 119 AABC
Type: check
# 2369
Permit Number
Fee Description
Amount
0043.2012.PLAN
PP- Flat Fee
2,496.00
0043.2012.PLAN
PP- Clerk Fee
375.00
0043.2012.PLAN
PP- Clerk Tech Fee
25.00
0043.2012.PLAN
PP- Public Notice Fee
54.00
Total: 2,950.00